Ravi vs Of Madhya Pradesh

Rajeev Kumar Dubey, J

This is first application under Section 439 of the Cr.P.C. for grant of bail. Applicant Ravi was arrested on 12/01/2021 in connection with Crime

No.1/2019 registered at Police Station Ashta, District Sehore for the offence punishable under Sections 363, 366, 376(2)(N) of the IPC and Section

5(L)/6 of the POCSO Act.

As per prosecution case on 31/12/2018 applicant abducted the prosecutrix, who was minor and took her to Hyderabad, where he kept her and sexually

exploited her on the pretext of marriage. Police rescued the prosecutrix on 12/01/2021 from the possession of applicant.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. The prosecutrix was major and

went with the applicant on her own will. She also admitted this fact in her statement recorded by the learned JMFC under Section 164 of the Cr.P.C.

The applicant has been in custody since 12/01/2021 and conclusion of trial will take time, hence prayed for release of the applicant on bail.

On the other hand learned counsel for the respondent/State opposed the prayer and submitted that the applicant abducted a minor girl and committed

rape with her, so he should not be released on bail.

Learned counsel for the objector/prosecutrix submitted that if this Court grants bail to the applicant, she has no objection.

Looking to the facts and circumstances of the case, the contention of learned counsel for the applicant and the fact that the applicant is in custody

since 12/01/2021 and conclusion of trial will take time, without commenting on the merits of the case the application is allowed and the applicant is

directed to be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to

the satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial

Court during the pendency of trial.

This order will remain operative subject to compliance of the following conditions by the applicant :

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the trial;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to

dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without prior permission of the trial Court.

Certified copy as per rules.